Monterey Municipal Code § 33-8.00 General provisions

This article is adopted pursuant to Government Code section 65870 et seq. (Ord. 3709 § 17, 2025; Ord. 3488 § 2, 2013. Formerly 33-200)

When necessary to achieve the land use goals of the City, the City may require a property owner holding property in common ownership to execute and record a covenant of easement in favor of the City for one or more of the following purposes:

a.Parking;

b.Ingress and egress;

c.Emergency access;

d.Light and air access;

e.Landscaping;

f.Open space. (Ord. 3709 § 17, 2025; Ord. 3488 § 2, 2013. Formerly 33-201)

The covenant of easement recorded pursuant to this chapter shall be executed by the owner(s) of the burdened property and shall include:

a.A legal description of the real property to be subject to the easement;

b.A legal description of the real property to be benefited by the easement;

c.Identification of the City approval or permit granted which relied on or required the covenant; and

d.A description of the purpose(s) of the easement.

e.A statement that upon recordation, the burdens of the covenant of easement shall be binding upon all successors in interest to the real property.

f.A statement that the covenant of easement shall not be modified or released without the prior approval of the City in the manner required by law. (Ord. 3709 § 17, 2025; Ord. 3488 § 2, 2013. Formerly 33-202)

The City Manager may accept an easement on behalf of the City when such an easement is required as a condition of a land use approval, permit, or designation pursuant to this chapter. (Ord. 3709 § 17, 2025; Ord. 3488 § 2, 2013. Formerly 33-203)

The covenant of easement shall be recorded by the City on behalf of the property owner in the Monterey County Recorder’s Office. (Ord. 3709 § 17, 2025; Ord. 3488 § 2, 2013. Formerly 33-204)

From and after the time of recordation, the covenant of easement shall:

a.Act as an easement in compliance with Civil Code section 801 et seq., except that it shall not merge into any other interest in the real property. Civil Code section 1104 shall be applicable to the conveyance of the affected real property; and

b.Impart notice to all persons to the extent afforded by the recording law of the State of California. Upon recordation, the burdens of the covenant shall be binding on, and the covenant shall benefit, all successors-in-interest to the real property. (Ord. 3709 § 17, 2025; Ord. 3488 § 2, 2013. Formerly 33-205)

The covenant of easement shall be enforceable by the successors-in-interest to the real property benefited by the covenant and the City. Nothing in this section creates standing in any person, other than the City, and the owner of the real property burdened or benefited by the covenant, to enforce or to challenge the covenant or any requested amendment or release. (Ord. 3709 § 17, 2025; Ord. 3488 § 2, 2013. Formerly 33-206)

The release of the Covenant of Easement may be affected by the Planning Commission or the City Council on appeal, following a noticed public hearing.

a.The Covenant of Easement may be released by the City at the request of any person, whether or not that person has title to the real property, on a finding that the covenant on the subject property is no longer necessary to achieve the land use goals of the City.

b.Upon determination that the restriction on the property is no longer necessary to achieve the land use goals of the City, a release shall be recorded by the City with the Monterey County Recorder’s Office.

c.For purposes of this section, an appeal of the Planning Commission’s decision to the City Council may be made pursuant to the provisions set forth in City Code section 38-203 et seq. (Ord. 3709 § 17, 2025; Ord. 3488 § 2, 2013. Formerly 33-207)

The fee for filing a petition for release of covenant of easement pursuant to this Chapter shall be as set forth in the schedule of fees established by resolution of the Council. (Ord. 3709 § 17, 2025; Ord. 3488 § 2, 2013. Formerly 33-208)